GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 311*

Short Title:  Smoke Detector Penalties.	(Public)

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Sponsors: Senator Martin of Guilford.

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Referred to:  Judiciary.

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March 5, 1997

A BILL TO BE ENTITLED
AN ACT TO IMPOSE A CIVIL PENALTY AND TO MAKE IT A CLASS 3 MISDEMEANOR IF A LANDLORD FAILS TO PROVIDE, INSTALL, REPLACE, OR REPAIR A SMOKE DETECTOR IN A RESIDENTIAL RENTAL DWELLING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 42-44 reads as rewritten:
"§ 42-44. General remedies; penalties, and limitations.
(a)	Any right or obligation declared by this Chapter is enforceable by civil action, in addition to other remedies of law and in equity.
(a1)	A court may impose a civil penalty of not less than five hundred dollars ($500.00) if a landlord fails to provide, install, replace, or repair a smoke detector as required by G.S. 42-42(a)(5).
(a2)	A landlord who fails to provide, install, replace, or repair a smoke detector as required by G.S. 42-42(a)(5) shall be guilty of a Class 3 misdemeanor.
(b)	Repealed by Session Laws 1979, c. 820, s. 8.
(c)	The tenant may not unilaterally withhold rent prior to a judicial determination of a right to do so.
(d)	A violation of this Article shall not constitute negligence per se."
Section 2.  This act is effective when it becomes law.